KISHAN LAL CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) - The appellant and 3 others were placed on trial on various charges, but ultimately, the Learned Sessions Judge, City Sessions Court, Calcutta, convicted the appellant under Section 392 read with sections 34 and 397 of the I.P.C. and sentenced him to R. I. for seven years. The rest of the accused were acquitted by the Ld. Sessions Judge.

(2.) The prosecution case has been that this appellant along with others committed robbery in respect of the money carried by PW 1, Kenai Lal. As per prosecution version, on 12-7-80, PW 1 and PW 3 reached Calcutta with money carried by them - Rs.1,70,000/- and Rs,2,02,000/- respectively. They came from Patna to purchase silver and silver ornaments in Calcutta. It is stated that the money was kept in a cotton bag which was wrapped around the waist of PW 1 and PW 3 also carried the money in the same fashion. On going to Calcutta, they reached the Gaddi of PW 8 and PW 1 made over his packet, containing the money, to Sarda Rai, PW 8. But PW 3 did not make over his money to Sarda Rai. The further narration of the prosecution case has been that as the price of silver had gone up and as the same was not readily available, on instruction from the Patna Office, the persons, i.e. PW 1 and PW 3, decided to come back to Patna without purchasing the articles. Accordingly, on 12-7-80, PW 1 and PW 3 started for Patna, intending to avail of the train, Delhi Express, which was to depart at 9 p.m. For going to the station they hired a pull-rickshaw and PW 1 and PW 3 as well as the Durwan of the Calcutta Office, PW 2, started by the same rickshaw. PW 2 was sent to escort PWs 1 and 3. Then, it is stated, when the rickshaw reached the approach to the Howrah Bridge, four persons stopped the rickshaw, coming from both sides of the vehicle. The ricksawalla stopped the rickshaw and one amongst those four persons threatened Mahabir (PW 3) by a katari. The katari was placed on the neck of Mahabir, so it is stated. After that, the katati was taken off Mahabir. Then they took out the bag from the waist of PW 1, by cutting through the tie. The man took away the money from PW 1. as per the statement of PW 1, one of the four men also held a revolver. The Durwan and Mahabir escaped. The rickshaw-puller also fled away. After the money was snatched away from PW 1, he returned to the Gaddi. He did not find Mahabir at the Gaddi. PW 1 narrated the incident to Sharda Rai (PW 8). Then Ram Prasad (Durwan) and the Munimji took him to the police station where he lodged information. PW 1 was able to identify the accused and two others as the persons who were involved in the incident. The police took up the investigation of the case. In the meantime, Mahabir Lal, PW 3, went back to Patna and reported the incident to his employer. After taking up the investigation of the case, the police raided the shop of one goldsmith and seized there from some lump of gold. It was gathered from the goldsmith (PW 21) that the accused had made over some lump of gold to him for preparing certain ornaments. After preparing ornaments - some churis, earrings, etc., - gold weighing about 6 annas was left out. The police seized that gold from the shop of PW 21. a similar raid was conducted at the residence of the accused wherefrom certain ornaments and cash worth Rs.14,000/- were seized by the police. T.I. parade, in respect of the appellant, was held on 16-1-81, when PW 1 identified this accused-appellant. After completing investigation, the police submitted charge sheet against the accused appellant and others. The defence of the appellant has been that he is completely innocent and that he has been falsely implicated. It was suggested that while in police custody, the photograph of the accused was taken and it was shown to the identifying witness.

(3.) After charges were framed, the accused and others were placed on trial. 31 witnesses were examined on behalf of the prosecution. The accused did not examine any witness.